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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 1 · Page 341Section

Translation · EN

Section: If she is alone with it for some of her limbs, or for the renewal of purification, or for istinja, or for washing away filth, there are two views: One of them is that it is forbidden, because it is a religious purification. The second is that it does not forbid it, because absolute purification refers to complete purification from hadath (ritual impurity). If a dhimmiyyah (a non-Muslim woman under Islamic protection) is alone with it during her ghusl, there are two views: The first is that it is like the seclusion of a Muslim woman, because she is in a lower state than a Muslim woman and further from purification, and a religious ruling is attached to her ghusl—which is the lawfulness of having intercourse with her once she has performed ghusl from menstruation, and the command for her to do so if it is from janaba (major ritual impurity). The second is that it has no effect, because her purification is not valid, and thus it is like her cooling herself. If a woman is alone with water for cooling herself, or cleaning herself, or washing her garment from dirt, it has no effect, because it is not a purification.

Section: Her seclusion only has an effect in small quantities of water; what reaches the amount of two qullas is not affected by her seclusion, for the reality of filth and ritual impurity has no effect upon it, so the presumption of that [in this case] is even more appropriate.

Section: The prohibition against a man using the remainder of a woman's water of purification is devotional (ta'abbudi), its meaning is not comprehensible, as stated by Ahmad. For this reason, it is permissible for a woman other than her to purify herself with it for the purification from ritual impurity, washing away filth, and other purposes, because the prohibition specifically targets the man and its meaning is not understood, so it must be restricted to the object of the prohibition. Is it permissible for the man to wash away filth with it? There are two views: The first is that it is not permissible, which is the view of al-Qadi, because it is an exclusionary [ruling] that does not remove his ritual impurity, and therefore it does not remove the filth, like other liquids. The second is that it is permissible, which is the correct view, because it is water that purifies the woman from ritual impurity and filth, and removes it from all areas when the woman does it; therefore, it removes it when the man does it, like all other waters.

Notes

= Purification. Sunan Abi Dawud. And al-Tirmidhi, in: The Chapter on the wudu of a man and a woman from a single vessel, from the Chapters on Purification, and in: The Chapter on what has been narrated regarding the jumma and the adopting of hair, from the Book of Clothing. 'Aridat al-Ahwadhi 1/81, 7/257. And al-Nasa'i, in: The Chapter on the merit of the person in a state of janaba, and the Chapter on mentioning the ghusl of a man and a woman from his wives from a single vessel, from the Book of Purification. And in: The Chapter on the concession regarding the leftovers of a person in a state of janaba, from the Book of Waters; and in: The Chapter on the evidence that there is no fixed timing for the water in which one performs ghusl, and the Chapter on the ghusl of a man and a woman from his wives from a single vessel, and the Chapter on the concession regarding the ghusl of a man and a woman from his wives from a single vessel, from the Book of Ghusl. Al-Mujtaba 1/50, 106, 146, 165, 166. And Ibn Majah, in: The Chapter on the man and woman performing ghusl from a single vessel, and the Chapter on what has been narrated regarding the ghusl of women from janaba, from the Book of Purification. Sunan Ibn Majah 1/133, 198. And Imam Ahmad, in: Al-Musnad 6/30, 37, 43, 64, 91, 103, 118, 123, 129, 157, 161, 168, 170-172, 189, 191-193, 199, 210, 230, 231, 265, 281. And see: what has preceded on page 26.

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